Nepal’s economy, reliant on tourism, agriculture, and remittances, offers niche opportunities for businesses. Protecting intellectual property (IP) is essential to encourage innovation and prevent unauthorized use in a market with limited digitization and enforcement capabilities. Our firm provides expert IP services to safeguard your trademarks and inventions in Nepal.

Trademarks

Trademark protection in Nepal is governed by the Patent, Design, and Trademark Act, 1965, amended in 2006, administered by the Department of Industry (DOI) under the Ministry of Industry, Commerce, and Supplies. Nepal is a member of the Paris Convention but not the Madrid Protocol, requiring local filings.

Trademark Registration Process

Securing a trademark in Nepal involves a manual process. The key steps include:

1. Trademark Search: Conduct a manual search through DOI’s records to ensure that a similar mark is not already registered, though the online records may not always be up to date/ complete.

2. Filing the Application: Submit the trademark application to DOI, providing details such as the mark, the class of goods/services (based on the foreign application/registration on the basis of which the application is to be filed) , and applicant information. Applications are filed in English.

3. Examination: DOI examines the application for distinctiveness and non-conflict with existing marks, typically within 6-12 months.

4. Publication: Approved marks are published in the Industrial Property Journal, allowing a 90-day opposition period.

5. Opposition Period: During the 90-day window, third parties can challenge the registration if they believe it infringes their rights.

6. Registration: If no opposition is filed or if the opposition is resolved in your favor, the trademark is registered, and a certificate is issued.

The entire process typically takes 18-24 months, depending on administrative delays or oppositions. Our firm navigates these challenges efficiently.

Patents

Patent protection in Nepal is governed by the Patent, Design, and Trademark Act, 1965, amended in 2006, administered by the Department of Industry (DOI). Nepal is a member of the Paris Convention but not the PCT.

● Patentable Subject Matter: Inventions that are new, involve an inventive step, and are industrially applicable are patentable. Exclusions include discoveries, scientific theories, and inventions contrary to public morality.

● Patent Types: The law covers utility patents and industrial designs. Utility models and plant varieties are not explicitly addressed.

● Duration: Patents are protected for 7 years from the filing date, renewable for two additional 7-year terms (up to 21 years total).

● Examination Process: DOI conducts formal examinations, with limited substantive review due to resource constraints. Delays are common due to manual processes.

● International Considerations: Without PCT membership, foreign applicants must file directly with DOI. Priority claims based on Paris Convention filings (within 12 months) are recognized.

Contact Us

Ready to protect your IP in Nepal? Contact us today for a consultation with our expert IP team. Let us help you secure your brand and inventions in this emerging market.